Covenants, Conditions and Restrictions for Condos and Planned Communities

Drafting, Amending and Enforcing CC&Rs: Best Practices for Developers and Homeowner Associations

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, May 3, 2016

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide real estate practitioners with guidance for drafting effective covenants, conditions and restrictions (CC&Rs), and interpreting and amending existing CC&Rs, as well as address key enforcement issues facing condominium and homeowner associations.

Description

CC&Rs are integral to the effective functioning of condominium and homeowner associations in that they create complicated property rights and contractual obligations that impact the efficacy of the community association. Further, CC&R provisions may affect sales activity within the community or owners’ abilities to finance the purchase of the homes within the association.

Counsel must precisely draft or amend CC&Rs to minimize the likelihood of owner disputes and operational problems. Using boilerplate language is risky given the unique characteristics of each property, the different legal constructs of each community’s structure, and the specific needs and demands of the developer or contractor.

Key enforcement issues that face condominium and homeowner associations include, among others: clarity of property rights and obligations; sufficient enforcement tools: voting rights: aesthetic control over construction: landscaping or other improvements: protection of view restrictions: encroachments: and rental rights and limitations. Counsel must understand the association’s goals and objectives and advocate for the association when negotiating these clauses with developers or other stakeholders.

Listen as our authoritative panel provides practitioners with a clear understanding of how to draft effective CC&Rs, how to avoid common drafting pitfalls, and how to approach key CC&R enforcement issues to minimize the potential for disputes.

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Outline

  1. Drafting effective CC&Rs
  2. Common pitfalls with CC&Rs
  3. Amending existing CC&Rs
  4. Enforcing and litigating CC&Rs

Benefits

The panel will review these and other key issues:

  • What are some common, and potentially costly, drafting errors that attorney make when drafting CC&Rs?
  • What are the best practices for analyzing, interpreting and amending CC&Rs?
  • What are the key reasons associations amend their governing documents?
  • What are some of the key CC&R enforcement issues facing condominiums and HOAs?

Faculty

Herrigel, David
David A. Herrigel

Principal
Hyatt & Stubblefield

Mr. Herrigel represents developers of planned communities, from residential, commercial and resort condominiums to...  |  Read More

Wil Washington
Wil Washington

Principal
Chadwick Washington Moriarty Elmore & Bunn

Mr. Washington's practice is devoted to community association and real estate law. He provides counsel and...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

$297

Download

$297